PURCHASE AGREEMENTPurchase Agreement • August 11th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
Contract Type FiledAugust 11th, 2022 Company Industry JurisdictionTHIS PURCHASE AGREEMENT (“Agreement”) is made as of the 10th day of August, 2022, by and among BitNile, Inc., a Nevada corporation (the “Company”), and each investor identified on the signature pages hereto (each, including its successors and assigns, an “Investor” and collectively, the “Investors”).
GUARANTYGuaranty • August 11th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
Contract Type FiledAugust 11th, 2022 Company Industry JurisdictionGUARANTY, dated August 10, 2022, by BitNile Holdings, Inc., a Delaware corporation, (the “Guarantor”), in favor of the holders of the 10% Secured OID Notes issued or to be issued by BitNile, Inc., a Nevada corporation (“BitNile”).
SECURITY AGREEMENTSecurity Agreement • August 11th, 2022 • BitNile Holdings, Inc. • Electronic components, nec • New York
Contract Type FiledAugust 11th, 2022 Company Industry JurisdictionTHIS SECURITY AGREEMENT (this “Security Agreement”) is entered into as of August 10, 2022 by and among BitNile, Inc., a Nevada corporation with offices located at 11411 Southern Highlands Parkway, Suite 240, Las Vegas Nevada 89141 (“Debtor”), Digital Power Lending, LLC, a California limited liability company (“DPL” and together with Debtor, the “Grantors”) and Helios Funds LLC, a New York limited liability company with offices located at 45 Broadway – 19th Floor, New York, New York 10006, as collateral agent acting in the manner and to the extent described in the Collateral Agent Agreement defined below (the “Collateral Agent”) for the benefit of the holders of the Debtor’s 10% Secured OID Notes (each a “Secured Party” and collectively, the “Secured Parties”).
10% SECURED OID PROMISSORY NOTEBitNile Holdings, Inc. • August 11th, 2022 • Electronic components, nec • New York
Company FiledAugust 11th, 2022 Industry JurisdictionTHIS NOTE of BitNile, Inc., a Nevada corporation, having a principal place of business at 11411 Southern Highlands Parkway, Suite 240, Las Vegas, Nevada 89141 (the “Company”), designated as its 10% Secured OID Promissory Note (the “Note”). Capitalized terms used herein not otherwise defined shall have the meaning ascribed to them in the Purchase Agreement by and among the Company and the Investors named therein (“Purchase Agreement”).